HERTZ MITSUBISHI ECLIPSE GIVEAWAY ("Competition")

Terms and Conditions

1. Information on how to enter forms part of the terms of entry. Entry into the Competition is deemed acceptance of these terms and conditions.

2. The Competition is a game of chance. Skill plays no part in determining the winner.

3. Entry is open to all residents of Australia aged 21 years or over who hold a valid drivers' licence ("Entrants").

4. Employees and their immediate families of Hertz Australia Pty Ltd (“The Promoter” or “Hertz Australia”) and Virgin Australia Airlines Pty Ltd (“Virgin Australia”) and their associated franchisees, agencies and companies are not eligible to enter.

5. The Competition commences on Wednesday 17 October 2018 at 09:00 (AEDT) and concludes on Friday 30 November 2018 at 23:59 (AEDT) (“Promotional Period”).

6. Subject to clause 10, to enter the Competition, Entrants must, during the Promotional Period:
a. book a rental vehicle with Hertz Australia via www.hertz.com.au or www.virginaustralia.com/hertzeclipse or via the Hertz Customer Care Centre on 13 30 39 with the start and end dates of the booking occurring between Wednesday 17 October 2018 and Thursday 28 February 2019 (“Travel Period”). The Entrant must also be named as the main driver on the rental agreement with Hertz Australia; and
b. book a Virgin Australia Australian domestic flight via www.virginaustralia.com/au/en/ or via the Virgin Australia Guest Contact Centre on 13 67 89 (Australia). The flight must occur during the Travel Period and the Entrant must be a passenger listed in the flight booking; and
c. visit the Competition landing page www.virginaustralia.com/hertzeclipse and register their booking details, including their full name, address, state, mobile number, email address, Hertz reservation number, Virgin Australia Reservation Number and Velocity Frequent Flyer member number (if any).

7. Customers who make a same day booking in person at a Hertz location will not be eligible to enter the Competition.
8. If the booking of the flight and/or vehicle rental is cancelled or refunded at any time during the Travel Period then the entry will be deemed invalid.
9. There is a limit of one (1) entry per booking/rental agreement number during the Promotional Period.
10. Customers will automatically enter the Competition if, during the Promotional Period, they book a Virgin Australia flight and make a Hertz car booking (which must both occur during the Travel Period) at the same time via the Virgin Australia website www.virginaustralia.com/au/en/.

11. If you enter the Competition but no longer wish to participate, please email ausonline@hertz.com and you will be removed from the Competition.

12. Should an entrant’s contact details change during the Promotional Period, it is the entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

13. Incomprehensible and incomplete entries will be deemed invalid.

14. Entries must be received by Friday 30 November 2018 at 23:59 (AEDT). The time of entry will in each case be the time the entry is received by the Promoter. The Promoter accepts no responsibility for any late, lost or misdirected entries for any reason.

15. One (1) valid entrant will be drawn at random to become the winner of the Prize. The draw will take place at Hertz Head Office, 636 St Kilda Road, VIC 3004 on Tuesday 12 March 2019 at 12:00 (AEDT). The winner will be notified by phone and email within two (2) working days of the draw and have their name published via www.virginaustralia.com/hertzeclipse.

16. Subject to any direction given under relevant State and Territory legislation, if the winner does not respond within three months, an unclaimed prize draw will take place at Hertz Head Office, located at Level 15, 636 St Kilda Road, VIC 3004 on Tuesday 18 June 2019 at 12:00 (AEST). One (1) valid entrant will be drawn at random to become the winner of the Prize. The winner of the unclaimed prize draw will be notified by phone and email within two (2) working days of the draw. The winner of the unclaimed prize draw will have their name published via www.virginaustralia.com/hertzeclipse.

17. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the Competition result.

18. It is a condition of accepting the Prize that the winner must comply with all the conditions of use of the Prize and the Prize supplier’s requirements.

19. It is a condition of accepting the Prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.

20. Car rental account use is subject to the Promoter’s standard rental Terms and Conditions available at www.hertz.com.au/terms.

21. The Promoter and Virgin Australia reserve the right to request winners provide proof of identity, proof of residency at the nominated delivery address for the Prize and/or proof of entry validity (including rental agreement and flight itinerary) in order to claim the Prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the party that has requested the proof of identification, residency and/or entry. In the event that a winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered.

22. The Promoter and Virgin Australia reserve the right to verify the validity of entries and to disqualify any entry which, in the opinion of Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms and Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Competition which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Competition and/or Promoter. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.

23. Any entry that is made on behalf of an Entrant by a third party will be invalid.

24. The prize is one (1) MY 2018 Mitsubishi Eclipse Cross LS 2WD (base model excluding extras) ("Prize"). The total value of the Prize is AUD $33,580 (incl GST), which is calculated based on the Victorian Manufacturer List Price as at the publishing date of these terms and conditions. The recommended retail price varies from state to state/territory. The Prize includes all on-road costs (dealer delivery and statutory charges, 12 months' registration and stamp duty). The internal and external vehicle colour will be chosen at Hertz's discretion and will be subject to availability. The vehicle's appearance may vary from promotional material. Any number plate details for the vehicle used in the promotional material are representational only. The Prize does not include comprehensive insurance or any other accessories not specified. The Prize does not include any costs associated with redeeming the Prize such as travel, meals, accommodation, spending money or taxes.

25. The Prize cannot be transferred and cannot be redeemed for cash.

26. The Promoter and Virgin Australia takes no responsibility for any variations in the value of the Prize. The winner is not entitled to receive any money from any party if there is a difference between the estimated Prize value in clause 24 and the actual Prize value at the time of the draw or the unclaimed prize draw.

27. The winner will be contacted by Hertz Australia to arrange for delivery of the vehicle to their usual residential address or collection of the vehicle from a Hertz location or Mitsubishi dealership nearest to their usual residential address, as nominated by Hertz Australia in its sole discretion. Upon delivery or collection of the vehicle (as applicable), the winner must provide their current driver’s licence for inspection and demonstrate that Hertz Australia has arranged the required registration and compulsory insurance in their name, and provide such information and sign such documents as Hertz Australia and Mitsubishi require to confer ownership of the vehicle on the winner before the vehicle may be taken or driven away from the collection point. If the vehicle is collected, the winner is responsible for all costs incurred by them to travel to and from the nearest dealership to collect the vehicle.

28. Title to and risk associated with the vehicle passes from Mitsubishi and Hertz Australia to the prize winner on collection from the dealership or delivery to the prize winner's usual residential address (as applicable).

29. Independent financial advice should be sought as tax implications may arise as a result of accepting the Prize. Hertz does not accept any responsibility for any tax implications that may arise from winning of the Prize.

30. Comprehensive insurance, additional options and all ancillary costs (including travel to and from the dealership) are the responsibility of the winner. Unless expressly stated in these terms and conditions all other expenses become the responsibility of the winner.

31. Unless expressly stated in these terms and conditions all other expenses become the responsibility of the winner.

32. If the Prize is unavailable, for whatever reason, Hertz Australia reserves the right to substitute the Prize for a prize of equal or greater value if the winner agrees in writing and subject to any written directions from any applicable regulatory authority. If the winner does not agree despite reasonable attempts by the Promoter to reach an agreement and the Prize is not available due to circumstances beyond the Promoter's control, the Promoter may substitute the Prize with another item or items determined by Hertz to be of equal or higher value, subject to State and Territory regulation.

33. Hertz Australia reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if Hertz Australia determines, in their absolute discretion, that a winner is not in the mental or physical condition necessary to be able to safely participate in the Prize. It is a condition of accepting the Prize that the winner may be required to sign a legal release in a form determined by Hertz Australia in its absolute discretion.

34. Once the prize winner has taken possession of the Prize, Hertz takes no responsibility for whatsoever for damaged, delayed or loss in relation to the Prize.

35. By accepting the Prize, the winner agrees to participate in and co-operate as required with all reasonable media editorial requests relating to the Prize, including but not limited to, being interviewed and photographed, filmed and/or chaperoned without remuneration for the purpose of promoting the Competition.

36. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions, subject to any directions given under State and Territory regulation.

37. The Promoter and Virgin Australia shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the Prize except for any liability which cannot be excluded by law. The Promoter and Virgin Australia are not responsible for any incorrect or inaccurate information, either caused by the phone user or for any of the equipment or programming associated with or utilised in the Competition, or for any technical error, or any combination thereof that may occur in the course of the administration of the Competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

38. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.

39. The Promoter, the Sponsor and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.

40. If for any reason the Competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to any direction given under State and Territory regulation.

41. All entries become the property of the Promoter. The Promoter and Virgin Australia collect personal information about you to enable you to participate in the Competition but no further use of this information will be made without prior consent.

42. The Promoter is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) and by entering the Competition, the Entrant is taken to consent to Hertz Australia’s Privacy Policy which contains information, among other things, about how the Entrant may access personal information that is held by Hertz Australia about them and seek correction of such information. Please visit https://www.hertz.com.au/rentacar/privacypolicy/index.jsp?targetPage=privacyPolicyView.jsp to view Hertz Australia’s Privacy Policy in full. The Promoter’s Privacy Policy also contains information about how the Entrant may complain about a breach of the APPs, or a registered code that is binding on the Promoter’s organisation and how Hertz Australia will deal with such complaints.

43. Virgin Australia is collecting your personal information for the purpose of conducting the Competition, including providing any Prize to you. If Virgin Australia cannot collect your personal information, the Promoter will not be able to enter you in the Competition or provide you with a Prize. Virgin Australia may also disclose your personal information to, and/or collect your personal information from its related companies (including Velocity Frequent Flyer Pty Ltd and Velocity Rewards Pty Ltd), and third parties who provide (or help Virgin Australia provide) products and services. Virgin Australia may disclose your personal information to persons or organisations located in overseas countries, as described in Virgin Australia’s Privacy Policy (www.virginaustralia.com/privacy). Virgin Australia’s Privacy Policy also states how you can seek to access or correct your personal information and how to make a privacy complaint. You can contact the Virgin Australia Privacy Officer at privacy@virginaustralia.com.
44. The Promoter is Hertz Australia Pty. Limited (ABN 004 407 087) of 636 St Kilda Road, Melbourne, Victoria, Australia 3004.

45. The Sponsor is Virgin Australia Airlines Pty (ABN 36 090 670 965) of 56 Edmondstone Road, Bowen Hills, Queensland 4006.

46. Authorised under ACT Permit Number: ACT TP 18/01870, NSW Permit Number: LTPS/18/28328 and SA Permit Number: T18/1713.